For now, a businessman recently convicted of defrauding Florida schools of nearly $1 million will be returning to his Ohio home instead of reporting to state prison.

On Thursday, Steven Kunkemoeller, 57, was granted a $100,000 appellate bond after a judge determined the grounds of his appeal were legitimate, he was not a flight risk and he had a legal right to appellate bond under Florida statutes.

Jail records indicate Kunkemoeller — who was convicted of racketeering and organized fraud for charging Newpoint charter schools grossly inflated prices for supplies and equipment — was released from Escambia County Jail on Thursday night.

Provided he abides by the terms of his release, Kunkemoeller will remain at liberty while a Florida appellate court reviews his case. If the court upholds his conviction and sentence, Kunkemoeller will have to surrender himself and serve out his 4.5-year prison term.

Florida's rules of criminal procedure allow a defendant to request post-trial release as long as they meet certain criteria. Some of the requirements for post-trial release are that the defendant's appeal must be based on grounds that are "fairly debatable and not frivolous," that the defendant must not have any pending felony cases, and that defendants with prior felony records can not be authorized for post-trial release unless their civil rights have been restored.

In a one-page order entered Thursday, Judge Thomas Dannheisser wrote that Kunkemoeller qualified under the criteria set forth by Florida law.

Assistant State Attorney Greg Marcille, speaking generally to how often post-trial release is granted in the First Judicial Circuit, said, "While it's not unusual, it does not happen on a regular basis."

Public Defender Bruce Miller, whose office did not represent Kunkemoeller, assessed post-trial release to be much more rare.

"In my years of practicing in the court system, I don't see it filed very often," he said. "I see it granted even more rarely."

The State Attorney's Office had opposed Kunkemoeller's release on the grounds that he had a 1986 federal felony conviction that resulted in the loss of civil rights. Prosecutors also argued that the issues raised in Kunkemoeller's appeal were "not fairly debatable."

However, Dannheisser ultimately determined Kunkemoeller's civil rights had been restored by virtue of the laws of his home state of Ohio. The judge also found the grounds for Kunkemoeller's appeal were not frivolous because of the length and complexity of the criminal case.

Dannheisser also noted that Kunkemoeller had "appeared at all court proceedings, including sentencing, where he faced a potentially much longer sentence than eventually given" and was not a flight risk.

While there is no set time frame for how long the appellate court will take to rule on Kunkemoeller's appeal, Marcille estimated it could take around 18 months for the process to play out.

In addition to the $100,000 bond, the special conditions of Kunkemoeller's release are that he conduct no business with any Florida charter school, and that he have no contact with alleged co-conspirator Marcus May.

At trial, prosecutors presented evidence that Kunkemoeller used shell companies to purchase computers, furniture and other supplies from legitimate vendors, then sold the merchandise to 14 Newpoint schools around the state at as much as triple the price.

May, who owns and managed Newpoint Education Partners, allegedly helped with the scheme and implemented administrative processes that obscured the financial misdeeds.

The fraud was discovered while officials investigated claims of misconduct and grade tampering in Escambia County schools, and the investigation ultimately led to the closure of three local Newpoint schools and nearly a dozen others across the state.